When dealing with the sale and purchase of leasehold flats part of the process is that we request Leasehold Information from the Landlord/Management Company.
This information provides information on many aspects of the running of the Leasehold Property. We ask for copies of Fire Risk Assessment and Asbestos Reports for the property.
Occasionally when we request this information, we are told that these reports are not available. It appears that Landlords are not always aware of the need for these reports to be in place.
When is an Asbestos Report Required?
Any property built prior to 2000.
The Construction (Design and Management) Regulations 1994 reinforced the point that Asbestos should not be used in construction and the use of Asbestos was then prohibited in November 1999 under the Asbestos (Prohibitions) (Amendment) Regulations 1999.
It is therefore generally considered that properties built after the 1999 Regulations should not have an asbestos risk.
When is a Fire Risk Assessment Required?
If there are any common areas e.g. hallways, staircases, landings
It does not matter if there are only 2 flats, if there are ANY common areas the Fire Risk Assessment and Report is required by the Regulatory Reform (Fire Safety) Order 2005.
It is therefore important for landlord’s to ensure that they comply with these Regulations. Failure to do so could potentially lead to Enforcement Action by the Fire and Rescue Authority, criminal prosecution and Buildings Insurance policies being invalidated.
What can Landlord’s do?
Fire Risk Assessment – make sure you assessment has been completed, is suitable sufficient and reviewed regularly.
Inspire your tenants to report any fire safety concerns to you as soon as possible.
Record, maintain and repair fire safety equipment and any issues within your building
Evaluate your property’s fire safety procedures regularly
If your a landlord and would like some advice, contact our commercial property solicitors based across Yorkshire in Wakefield, Dewsbury and Horsforth.